Theresa Gegen TX
About
- Username
- Theresa Gegen TX
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
I'm not sure whether this would be illegal based on the way I read your facts. It seems to me that the company does not gain anything by withholding greater taxes, because those taxes should be sent to the government. If the company didn't pay (or…
-
IF the employee worked over 40 hours in addition to the sick day (for example the employee worked 4 12 hour days (48 hours total) and took one sick day for an addition 8 paid hours (56 hours total), the employee would probably be due overtime (1 1/2…
-
One issue with most exemptions is that the employee must be paid a certain amount per week to remain exempt. I don't have it off the top of my head, but you need to check the regulations to ensure that the employee doesn't go below the amount requi…
-
As long as you round fairly and consistantly (so that sometimes the time is rounded up and sometimes down -- and time is not always rounded down), then either system should work, depending on what is more convient for the company. Good Luck!
-
It does seem like from your brief description (a party for the referring drs), this was really to benefit the employer and drum up business (Like a marketing party). If that is the case, the employer should probably pay the employees for their time…
-
From your question, I am not quite sure of what you are subtracting. If your commissions are paid based on sales price minus expenses, it is probably not illegal (Unless your state has some specific laws governing how commissions must be paid). Howe…
-
Assuming that none of your employees require a certain schedule due to a disability, there should be no problem in changing to 4 ten hour days. NOTE: If you have employees in states other than Texas, you might run into overtime problems (California,…
-
Sounds like on this one you need to get with an attorney. I have some clients who pay exempt employees (supervisors) premium pay for hours worked over 40 -- this was implemented because no one would agree to become a supervisor because the hourly em…
-
It seems to me like the inconsequential time that does not have to be paid is time that is connected to your work hours (for example, walking from a gate into your work area). A call in the middle of the night does not seem inconsequential to me.
-
You should check out the DOL website and [url]www.dol.gov[/url] -- which gives a lot of information about federal laws which govern the payment of wages. Also, I would search for state agency that may have additional regulations about payment of wag…
-
As far as overtime laws, employers generally only get into trouble when they dock an employee for less than a full day missed (you don't have to pay an employee if they miss a full day). But, since your company doesn't have a policy, and the emplo…
-
I just decided to look up the information on the dol website, [url]www.dol.gov[/url]. Breaks of under 20 minutes must be counted as hours worked, however meal periods are not. So again, there could be some risk from wage and hour laws for not payin…
-
Jo and Michelle both make have good points. However, I would not deduct money from the employee's paycheck. I agree that he shouldn't get paid for this time, but under the fair labor standards act, short breaks are paid (I believe the break should e…
-
Assuming this is an hourly employee and no union contract exists, at a minimum the employee must be paid minimum wage for all hours worked. (And of course overtime for hours worked over 40 in the work week). If these guidelines are followed, pay may…
-
The general FLSA rounding rules are that a company's rounding rules must be consistantly applied. For example 10 minutes either way is rounded to the same hour. (The company will get into problems if it always rounds in favor of the company)! Good…
-
The Fair labor standards act may also allow the employees to be paid at a lower rate for driving time. For example, minimum wage for driving time. Then when overtime is calculated, the employee's hourly rate will be a weighted average between the no…
-
The FLSA will allow an employer to pay different wage rates for different types of employment. For example, an employee who drives his equipment to a work site (which takes one hour) then uses equipment at the site for 6 hours, then drive equipment …
-
You can run afoul of the overtime laws doing this. Worst case -- you may inadvertantly destroy the exempt status of the employees and owe them overtime at a high rate. Because organization of the new company may effect the result, I suggest that you…
-
I don't know of any federal law that would prohibit an employer from reducing wages. However, the employer would need to give the employee notice before the wages were reduced (an employer just couldn't give the employee notice the day before payche…
-
That's a good question. I looked at the payday law and found that "Wages" includes severance that is paid under a written agreement or a written policy. So it appears that if your company policy calls for severance pay, it should be paid in 6 days. …
-
One issue that seems to arise under your facts is: Is there a company policy about use of company credit cards, and are the employees violating it. If your company does not have a policy, it may want to implement one. Then when an employee charges p…
-
Under general Federal Law, there is no maximum number for exempt employees. This may not apply if the employee is a driver or a pilot or some other safety sensitive position, there are probably limits. Also, many state laws have limits, so you will …
-
If you have employees over 40 sign a release, you have to comply with the Older Worker's Benefit Protection act to get a release of age claims (only applies if you are covered by Title VII and the ADEA based on number of employees). The requirements…
-
Severance is generally not mandatory, but you need to make sure that you comply with the WARN Act (if your company is large enough to fall under it), which requires a specified notice period to the employees. You also may want to consider making a …
-
There are 2 ways to deal with your situation: 1. Restructure the jobs so that the employees are doing exempt work. This will also require some training of their supervisor. Then make sure that you hold the employees accountable for the work exempt…
-
That is good to know. I never heard of the government paying for it, but I guess they want to save their medicare dollars too!
-
But the employee has the responsibility to elect cobra and to get the payments in -- timely and in the form required. If the doctor wants to give money to the employee for payment, that is between the employee and the doctor. I would not act as a …
-
[font size="1" color="#FF0000"]LAST EDITED ON 07-02-03 AT 08:34AM (CST)[/font][p]While, I don't know why there would not be an age discrimination problem. The EEOC takes the position that you can't discriminate on benefits. For medical type benefi…
-
Under the FMLA, an employer can require an employee to use paid leave concurrently with FMLA. (this should be stated in your company policy -- some employers require use concurrently, some require paid leave first, and some will let an employee use …
-
ERISA may effect the request for plan documents. Under ERISA if an employee requests plan documents in writing from the Administrator (who is listed in the Plan), certain documents must be furnished. If the Administrator does not furnish the docum…